DALTON, Mass. — The District Attorney's office has confirmed that the body found behind the American Legion was Theresa Burke, who had gone missing since early Sunday morning, and that there is nothing suspicious with the death.

"The investigation has revealed there is nothing suspicious with the death," Spokesman Fred Lantz said on Tuesday.

Theresa Burke has been missing since early Sunday morning.

DALTON, Mass. — A body found near the American Legion on Monday morning is believed to be that of Theresa Burke, missing since early Sunday morning.

The young Dalton woman was last seen about 3 a.m. Sunday. The body was found in a wooded area near 258 North St.

Burke had attended a show at Chameleon's in Pittsfield on Saturday night that included a fundraiser for the Berkshire Band-Itz roller derby team of which she was a member.

Burke's family and friends began posting on Facebook that she was missing on Sunday and her mother, Catherine Burke, contacted police. They also searched the neighborhood and passed her picture and information to convenience stores and other places. She was believed to have her cell phone but did not respond to anyone.

According to Facebook posts, she was last seen in Dalton wearing gray yoga pants, black combat boots and a possibly a gray hooded sweat shirt, and that it would be unusual for her not to contact her mother.

Burke, who has a 5-year-old daughter, Madison, would have been 24 on Thanksgiving Day, according to her Facebook page. She was described as a loving mother and daughter, a cheerful person and a good friend.

Her timeline was filled with comments on Sunday pleading with her to call someone, anyone; by mid-morning on Monday, it was filled with condolences and prayers.

Above: The home on Greenridge was significantly damaged.
Below: A garage on Evelyn was also damaged.

DALTON, Mass. — Firefighters and police are investigating two simultaneous house fires near South Street, possibly as cases of arson.

According to Fire Chief Gerald Cahalan, the department responded to a structure fire at 73 Greenridge Drive at about 11:30 p.m. Saturday. In transit, firefighters spotted another blaze at 36 Evelyn St. The homes are less than a block away from each other.

He had expected to have a clearer idea of which way the investigation would go later in the day.

Departments from Hinsdale, Pittsfield, Lanesborough and Windsor were called in. The fire on Greenridge caused "significant" damage — leaving a woman, who was not home at the time, homeless. A neighboring house at 67 Greenridge Drive was also damaged by the flames.

The Evelyn Street fire was knocked down quickly and damage was confined to the garage. The family of four living at the Evelyn address were able to return to their home.

"My units did a great job knocking down both fires quickly," Cahalan said.

The majority of the firefighters left the scene at about 4:45 a.m. Sunday but an engine stayed on fire watch until about 9 a.m.

"The fire on Greenridge [moved] quick," Cahalan said. "We don't know what time the other one started. We can't figure out what started first."

Both fires appear to have been started in homes' garages. The causes are being investigated by Dalton Police, the state police arson unit and the Fire Department. Cahalan said he could not confirm the causes at this time.

Neighbors on the scene Sunday afternoon said there was a rash of fires in the same area just three years ago.

Correction: The fire chief's name was given incorrectly in this story and has been changed. iBerkshires regrets the error.

PITTSFIELD, Mass. — The police officer that shot a Dalton man in November will not face criminal charges.

Pittsfield Police Officer Christopher Colello shot 36-year-old Michael Barry three times in the woods behind his Washington Mountain Road home in Dalton on Nov. 3.

District Attorney David F.Capeless announced Tuesday that an investigation was completed and that none of the officers involved will face criminal charges.

The investigation was conducted by Massachusetts State Police Lieutenant Brian Foley, a member of the investigative unit assigned to the district attorney’s office and the commanding officer on the Berkshire County Drug Task Force.

Barry is still facing charges of single counts of attempted murder, attempted arson, aggravated assault and battery by means of a dangerous weapon and vandalizing property as well as two counts of assault by means of a dangerous weapon. Barry had threatened to kill himself and others, police said.

On Nov. 5 he had not guilty pleas entered on his behalf on those charges.

According to the district attorney's office, Barry was shot by Colello when he jumped up and made a movement that caused the officers to fear he was drawing a weapon in the woods behind the home shortly after 1 a.m. He was hospitalized and underwent surgery at Berkshire Medical Center.

A press release from the district attorney's office at the time states the incident occurred when Dalton Police responded to 104 Washington Mountain Road shortly after midnight because of reports of a drunken man pouring gasoline over the garage.

When Officer Deanna Strout arrived on the scene she encountered Barry, who then ran into the woods behind the residence.

Additional officers from Dalton and the Pittsfield Police Department, including a K-9 Unit, were dispatched to assist in the search for him. Colello was assisting on mutual aid, according to Capeless

Witnesses at the residence reportedly told police that Barry had been at a Dalton bar late Tuesday night and, after arriving home intoxicated, began smashing and throwing items and saying he wanted to die. He poured gasoline on himself and in the garage and threatened to start a fire and kill himself and others, witnesses told police.

Barry was located in the woods shortly after 1 a.m. by Colello and Pittsfield K-9 Officer James Losaw when the shooting occurred.

DALTON, Mass. — A Washington Mountain Road man has been hospitalized after being shot by a police officer early Wednesday morning.

According to the district attorney's office, Michael Barry, 46, who threated to kill himself and others, was shot by Pittsfield Police Officer Christopher Colello at about 1 a.m. Wednesday after he fled into the woods and seemed to draw a weapon. He is currently listed in critical condition at Berkshire Medical Center in Pittsfield.

A press release from the district attorney's office states the incident occurred after Dalton Police responded to Barry's home shortly after midnight after receiving a call that a drunken man was pouring gasoline over the garage. When Officer Deanna Strout arrived on the scene she encountered Barry, who ignored her request to display his hands and ran into the woods at the rear of the residence.

Additional officers from Dalton and the Pittsfield Police Department, including a K-9 Unit, were dispatched to assist in the search for him.

Witnesses at the residence reportedly told police that Barry had been at a Dalton bar late Tuesday night and, after arriving home intoxicated, began smashing and throwing items and saying he wanted to die. He poured gasoline on himself and in the garage and threatened to start a fire and kill himself and others, witnesses told police.

Barry was located in the woods shortly after 1 a.m. by Colello and Pittsfield K-9 Officer James Losaw. According to the officers, Barry jumped up and made a movement that caused the officers to fear he was drawing a weapon. Colello shot several times, wounding Barry. He was treated at the scene by police and emergency personnel and then taken to Berkshire Medical Center, where he underwent surgery.

Barry is in police custody as he recovers from his wounds, under arrest for various offenses, including attempted arson, attempted murder and assault.

State police investigators assigned to the district attorney's office are conducting an investigation into the circumstances of Barry's shooting with the assistance of state police ballistics and Crime Scene Services unit.

Updated, Nov. 5, 2010, at 3:30 p.m.
Barry was arraigned this morning in Central Berkshire District Court in Pittsfield before Judge Frederic Rutberg.

He had not-guilty pleas entered on his behalf on single counts of attempted murder, attempted arson, aggravated assault and battery by means of a dangerous weapon and vandalizing property, and two counts of assault by means of a dangerous weapon.

Rutberg ordered that he be held without the right to bail. Barry's case was continued to Nov. 10 for further arraignment and status.

The investigation is being conducted by members of the Dalton and Pittsfield police departments and state police detectives assigned to the district attorney's office.

Barry's attorney, Leonard H. Cohen, told The Eagle on Thursday that Barry had been shot three times and was seriously injured. He described the 46-year-old Dalton man's condition as now being on the "upside."